Contaminated Sites

New Legislation

The Contaminated Sites Act 2003 will create new obligations for Local Governments in respect of contaminated sites on land under their control. When this law takes effect, owners and occupiers of sites, and any person who caused contamination at a site, will have a legal duty to report a site to the Department of Environment if they know or suspect the site to be contaminated.  Using this mechanism, the Department will compile a register of contaminated sites across the state to be used in the management and remediation those sites.  The Legislation will also create new obligations for the management and rehabilitation of contaminated sites, with implications for the planning approvals processes administered by Local Governments. Download a copy of the Act  here.

Many outstanding questions remain in relation to the interpretation of the Act, such as: 'When are Local Governments to be considered 'owners' for the purposes of the Act?'  For more discussion and some resources on this point, click here.

The Act will have many financial and administrative implications for Local Government. It is recommended that all planning, environmental health and other relevant officers ensure they understand their requirements under the Act and are operating in compliance with it.

Timeframes

The Contaminated Sites Act came into effect 1 December 2006.  Importantly, the Act provides a period of grace of 6 months after the date of commencement before failure to comply with the reporting requirements will be treated as an offence. 

Tools

The Department has produced a Contaminated Sites Management Series which supports the administrative and technical aspects of managing contaminated sites under the Act.  Where a Local Government has determined that it probably is the owner of lands containing known or suspected contaminated sites, it should use these resources to assist with investigating and reporting those sites.  The management series is highly recommended reading for Local Governments.

Department brochure on the Contaminated Sites Act 
Brief overview of the legislation, its aims and operation.

Department Contaminated Sites Website
Introduction to the Branch of the Department of Environment dealing with Contaminated Sites.

Contaminated Sites Administrative Guidelines
Resources to assist with understanding the some of the major procedural aspects of the new Contaminated Sites regime.

Contaminated Sites Technical Guidelines
Resources to assist with standards, reporting requirements and remediation techniques relating to Contaminated Sites.

 Further Information

If further information is required please contact:

Kathryn Buselich, Policy Officer (Environment) on 9213 2049 or kbuselich@walga.asn.au for any enquiries.